Applications by DM & MT Nolan Pty Ltd

[2024] FWCFB 206

[2024] FWCFB 206 Note: A copy of the zombie agreement to which this decision relates (AC3240536AC326316 AE873468 is available on our website.]

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

Sch. 3, Item 20A(4) - Application to extend default period for agreement-based transitional instruments

Applications by DM & MT Nolan Pty Ltd

(AG2023/4353)
(AG2023/4354)

NOLSTAFF EMPLOYEE COLLECTIVE AGREEMENT 2008 (INTERSTATE)

NOLSTAFF GATTON ENTERPRISE AGREEMENT 2009

Private transport industry

DEPUTY PRESIDENT WRIGHT

DEPUTY PRESIDENT SLEVIN
DEPUTY PRESIDENT GRAYSON

SYDNEY, 10 APRIL 2024

Applications to extend the defaults period for the Nolstaff Employee Collective Agreement 2008 (Interstate) and the Nolstaff (Gatton) Enterprise Agreement 2009

Introduction

1. Pursuant to subitem 20A(4) of Sch 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, DM & MT Nolan Pty Ltd has applied to extend the default periods for the Nolstaff Employee Collective Agreement 2008 (Interstate) and the Nolstaff (Gatton) Enterprise Agreement 2009 (the Agreements). Under subitem 20A(1) the Agreements were to terminate on 6 December 2023.

1. The applications were made, in accordance with subitem (6)(a), on the grounds that subitem (7) applied. However since making the applications, the Applicant has negotiated a replacement agreement with its employees.

1. The Commission has since approved the replacement agreement.[1] The purpose of the extension is to ensure the Agreements continue to apply until the replacement enterprise agreement commences. The replacement agreement commences on 7 May 2024.

1. We are satisfied for the purpose of subitem (6)(b) that it is reasonable to extend the default period for the Agreements in these circumstances.

1. Pursuant to item 20A(4) of Sch 3 to the Transitional Act, we order that the default periods for the Agreements are extended until 6 May 2024.

1. The Agreements are published, in accordance  with  subitem  20A(10A)(c), on  the  Fair Work Commission’s website.

DEPUTY PRESIDENT

[1] [2024] FWCA 1215

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<AE873468 AC324053 AC326316 PR773361>